Chapter I PRELIMINARY

(1) This Act may be called the Bihar Regional Development Authority Act, 1981. (2) It shall come into force on such date and in such areas as the State Government may, by notification in the official Gazette, appoint.

In this Act unless the context otherwise requires:- (a) 'amenity' includes road, water-supply, street lighting, drainage, sewerage, public works, housing, play-fields, parke, educational, community and recreational facilities and such other convenience as the state Government may, by notification in the official Gazette, specify to be an amenity for the purposes of this Act; (b) 'Authority' means the Regional Development Authority constituted under section 3 of the Act; (c) 'building' includes any structure or part of a structure which is intended to be used for residential, industrial, commercial or other purposes whether in actual use or not, and compound wall or fencing thereof; (d) 'building operation' includes erection or re-erection or a building, or any part thereof, roofing or re-roofing of any part of a building, or any material alteration or enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainages or sanitary arrangements or materially affect its security, or the construction of a door opening on any street or land not belonging to the owner; (f) 'Chairman' means the Chairman of the Authority; (g) 'development' with its grammatical variations means the carrying on or building, engineering, mining or other operations in or over or under land or the making of any material change in any building or land and includes re-development and layout and subdivision of any land and 'to develop' shall be construed accordingly; (h) 'Development Area' means any area declared to be development area under sub-section(1) of section 8; (i) 'engineering operations' include the formation or laying out of street or road or means of access to a road or the laying out of means of water-supply, drainage, electricity, gas, transportation and other public utility services; (j) 'Master Plan' means the plan prepared by the Authority under sections 17 and 18; (k) 'Khas Mahal land' means land vested in the State of Bihar; (m) 'Local Authority' means any Municipal Corporation, local body constituted under Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922) or Panchayat established under the Bihar Panchayati Raj Act (Bihar Act VII of 1948) or any such local body constituted in any region to which this Act applies; (n) 'means of access' includes any road or means of access, whether private or publice, for vehicles or pedestrians; (o) 'Regulation' means a regulation made under this Act by the Regional Development Authority constituted under section 3; (p) 'Rule' means a rule made under this Act by State Government; (q) 'Region' means any area declared as such under sub-section (2) of section 1 or sub-section(1) of section 8; (r) 'Regional Plan' means the plans prepared by the Authority under section 16; (s) 'Vice-Chairman' means the Vice-Chairman of the Authority; (t) 'Zone' means any one of the divisions in which the Development Area may be divided for the purpose of development under this Act; (u) 'Zonal Development Plan' means the plans prepared by the Authority under section 19; (v) 'Urban Area' means the standard urban area as defined in the Census Act, 1948 (Act 37 of 1948)

(1) The Authority shall meet at least nine time in each calender year and there shall not be a gap of more than sixty days between two consecutive meetings. (2) The conduct of the meetings, quorum, service or notices, agenda, etc., shall be as prescribed by regulations.

(1) Subject to the provisions of this Act, the Authority shall be responsible for formulation, co-ordination and supervision of the execution of all planning and works relating to the development of area or part thereof and more specifically for-(a) land acquisition and development of land; (b) general improvement works including laying and relaying or modifying the streets, roads and drainage, disposal of sewage; (c) plot reconstitution schemes: (d) Housing Schemes including sub-urban and rural housing; (e) Slum Clearance and Slum Improvement Schemes; (f) Transportation schemes including riverine transport; (g) schemes for supplying essential services like water, cooking gas, electricity, etc; (h) schemes for provision of community facilities like retail and wholesale trade, hospitals educational and cultural institutions, recreation. (i) anti pollution schemes; (j) afforestation, gardening or any other schemes for improvement of the environmental conditions; (k) scheme for industrial business and other commercial development. (2) Subject to the provisions of this Act the Authority may from time to time incur expenditure and undertake development works mentioned in sub-section (1) in the development area. (3) Subject to the provisions of this Act, the Authority shall be responsible for the preparation of a phased programme of development of agriculture, infrastructures and other works essential for the general socio-economic and physical development of rural and urban areas. (4) In particular and without prejudice to the generality of the foregoing functions, the Authority shall also discharge the following functions, namely: (a) to specify the development projects for the implementation of which any fund referred to in clause (a) of this sub-section shall, subject to such conditions and restrictions as the Authority may impose, be applied by any Municipal or other authority or body corporate: (b) to provide for the setting up of planning information and storage retrieval systems which may be upto-dated frequently (c) to perform such other functions as may be prescribed by the State Government. (5) The Authority may, on such terms and conditions as may be agreed upon, take over, the execution of any of the aforesaid schemes on behalf of a local Authority, body corporate, co-operative society, an employer or a Department of the Government.

(1) Where the Authority is satisfied that any direction given by it under sub-section (1) of section 13 with regard to any development project has not been carried out by the local authority, body corporate and other agencies referred to therein or that any such local authority, body corporate or department of Government is unable to fully implement any scheme undertaken by it for the development of any part of the area, the Authority may itself undertake any works and incur any expenditure for the execution of such development project or implementation of such scheme, as the case may be, and recover the cost thereof from the local authority, body corporate or any other agencies. (2) The Authority may also undertake any works as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. (3) Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purposes of the execution of such work, all the powers which may be exercised under any law for the time being in force by the Authority referred to in sub-section (1) of section 13. (4) The Authority may, for the purposes of performing the functions mentioned in section 12 and for carrying out the responsibilities conferred by sub-sections (1) and (2), undertake survey of any area within the development area or the Region and for that purpose it shall be lawful for any officer of the Authority (a) to enter in or upon any land to make survey and to take level of such land; (b) to dig or bore into the sub-soil; (c) to mark levels and boundaries by placing marks and cutting trenches; (d) where the survey cannot be completed, levels cannot be taken and boundaries cannot be marked otherwise, to cut down and clear away any part of any standing crop, fence or jungle : (e) to examine works under construction and to ascertain the course of sewers, drains or other utilities: Provided that before entering upon any land the Authority shall give notice of its intention to do so in such manner as may be specified in the regulations made under this Act.

The draft master plan shall generally indicate the manner in which the use of land in the development areas shall be regulated, and also indicate the manner in which the development of land therein shall be carried out In particular, it shall provide so far as may be necessary for all or any of the following matters, that is to say :- (a) proposals for fixing the use of land for purposes such as residential, industrial, commercial, agricultural, recreational and other uses areas; (b) proposal for the fixation of land for public purposes, such as schools, colleges, and other educational institutions, markets, social, welfare and cultural institutions, theatres and places of public entertainment or public assembly, museums, art galleries, religious buildings and other amenities; (c) proposals for designation of areas for open spaces, play grounds, stadium, Zoological gardens, green belts, nature reserves, sanctuaries and dairies; (d) transport and communications such as roads, highways, parkways, railway, waterways, canals and airport including their extension and development; (e) water-supply, drainage, sewerage, sewage disposal, other public utilities, amenities and services including electricity and gas; (f) preservation, conservation and development of areas of natural, scenery and landscape; (g) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value; (h) proposals for flood control and prevention of river pollution; (i) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of lands; (j) proposals for re-development and improvement of existing built up. (k) proposals for planning standards and zoning regulations for different zones.

(1) Simultaneously with the preparation of the Master plan or as soon thereafter as may be, the Authority shall proceed with the preparation of Zonal Development Plan for each of the zones into which the development areas may be divided. (2) A Zonal Development Plan may - (a) contain a site plan and land use plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zones for such things as public building and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals public and private open space and other categories of public and private uses: (b) specify the standards of population density and building density and other norms if required; (c) show every area in the zone which may, in the opinion of the Authority, be required for development or re-development; and (d) in particular, contain provisions regarding all or any of the following matters, namely :- (i) the division of any site into plots for the erection of buildings: (ii) the allotment or reservation of lands or roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes; (iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may

Immediately after the Regional Plan is approved by the State Government, the State Government shall publish in such manner as may be prescribed by rules, a notice stating that the Regional Plan has been approved, and naming a place where a copy of the same may be inspected at all reasonable hours, and shall specify therein a date (not being earlier than thirty days from the date of the publication of such notice) on which the Regional Plan shall come into operation.

The provisions of this Chapter shall apply to such areas or area as may be notified by the Authority from time to time. No person or body (excluding a department of Central or State Government or local authority) shall institute or change the use of any land or carry out development on any land without obtaining permission in writing from the Authority: Provided that in the case of a department of Central or State Government or local authority intending to carry out on any land any development other than those covered by the operational constructions as defined in section 2 (e), the concerned department or local authority, as the case may be, shall notify in writing to the Authority of its intention to do so giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the State Government from time to time, at least, one month prior to the undertaking of such development; and where Authority has raised any objection in respect of the conformity of the proposed development, either to any development plan under preparation, or to any of the building bye-laws inforce at the time, or due to, any other material consideration, the department or the local authority as the case may be shall— (i) either make necessary modification in the proposals for development to meet the objections raised by the Authority, or (ii) submit the proposals for development together with the objections raised by the Authority to the State Government for decision. Whenever proposals and objections have been submitted, no development shall be undertaken until the State Government has finally decided on the matter. The State Government on receipt of the proposals for development together with the objections of the Authority shall in consultation with the Development Commissioner either approve the proposals with or without modifications or may direct the concerned department or local authority as the case may be to make such modification in the proposals as they consider necessary in the circumstances.

(1) If any person lays out or makes any street referred to in Section 32, without or otherwise than in conformity with the orders of the Authority, the Vice-Chairman may whether or not the offender be prosecuted under this Act, by notice— (a) require the offender to show cause in writing and send to the Vice-Chairman on or before such date as may be specified in the notice why such street should not be altered to the satisfaction of the Vice-Chairman or, if such alteration be impracticable, why such street should not be demolished; or (b) require the offender to appear before the Vice-Chairman either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause aforesaid. (2) If any person on whom such notice is served fails to show cause to the satisfaction of the Vice-Chairman why such street should not be so altered or demolished, the Vice-Chairman may pass an order directing the alteration or demolition of such street as he may think fit. (3) The cost incurred in this connection shall be recovered from the parties concerned as arrears of land revenue.

The Authority may also borrow money by way of loans or debentures from such sources (other than the State and the Central Government) and on such terms and conditions as may be approved by the State Government.

Any agency charged with the duty of supplying water and rendering such other services to buildings, or installations in the development area or the region, shall not give water connection or such other services to any newly constructed building in the Development area or region or convert to permanent domestic use any connection already taken unless the application for such connection is accompanied by a certificate from the Authority or the local authority empowered to sanction building plans under this Act: Provided that temporary water connection for non-domestic use may be given if the application is accompanied by a plan sanctioned by the Authority.

(1) Any person of this Act, make an order briefly stating the reasons therefore directing that such erection or development work shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the erection or development work has been commenced or is being carried out or has been completed within a period of thirty days from the date of which a copy of the order of removal has been delivered to the owner or that person as may be specified in the order, and on his failure to comply with the order, any officer of the Authority may remove or cause to be removed the erection or development work and the expenses of such removal shall be recovered from the owner or the person at whose instance the erection or development was commenced or was being carried out or was completed, as arrears of land revenue: Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made. (2) Any person aggrieved by an order under sub-section (1) may appeal to a Tribunal constituted under this Act against that order within thirty days from the date thereof; and the Tribunal may after hearing the parties to the appeal either allow or dismiss the appeal or reverse or vary the order or any part thereof. (3) The decision of the Tribunal on the appeal and subject only to such decision the order under sub-section (1) shall be final and conclusive. (4) The provisions of this section shall be in addition to and not in derogation of any other provisions relating to demolition of buildings contained in any other law for the time being in force.

All fines realised in connection with prosecution under this Act shall be paid into the funds of the Authority.

(1) Any offence made punishable by or under this Act may, either before or after the institution of proceedings, be compounded by the authority or any person authorised by the authority by general or special order in his behalf. (2) Where an offence has been compounded, the offender if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

(1) If the authority after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity which, in the opinion of the Authority, is to be provided for any land in a development zone, or any area other than a development area, has not been provided for such land or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may, after affording a reasonable opportunity to show cause, serve upon the owner of the land or upon the person responsible for providing the amenity or carrying out the development, as the case may be, a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice. (2) If any such amenity is not provided or any such development is not carried out within the time specified in the notice, then the authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it may deem fit: Provided that before taking any action under this sub-section the authority shall afford reasonable opportunity to the owner of the land or to the person responsible for providing the amenity or carry out the development to show cause as to why such action should not be taken. (3) All expenses incurred by the authority or the agency employed by it in providing the amenity or carrying out the development, together with interest at such rate as the Government may by order specify, from the date of demand for the expenses is made until payment shall be recovered from the owner of the land or the person responsible for providing the amenity or carrying out the development.

(1) Where an offence has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence. (2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder require anything to be done for the doing of which no time has been fixed in this Act or the rule or regulation, the notice, order or other document shall specify a time not less than one week for doing the same.

All permissions, orders, decisions, notices and other documents of the authority shall be authenticated by the signature of the Secretary to the Authority or any other officer authorised by the Authority in this behalf.

All officials and employees of the Regional Area Development Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45, 1860).

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law which is inconsistent with any provision of the Act or any rule or regulation made under the Act within the area notified under sub-section (2) of Section...

(1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Authority in respect of any action purporting to have been done in pursuance of this Act or any rule or regulation made thereunder till the expiration of two months from the date on which notice in writing has been in the case of the Authority, left at the office or place of abode, in the person to be and unless such notice state explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered. (2) No suit such as is described in sub-section (1) shall unless it be a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises. (3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the institution of the suit.

Nothing in this Act shall apply to- (a) the carrying out of work to the maintenance, improvement or other alteration of any building being works which affect only the interior of the building or which do not materially affect the external appearance of the building; (b) the carrying out by any local authority or body corporate or by any department of Government of any work for the purpose of inspecting, repairing or renewing any drains, sewers main pipes, cables or other apparatus including the breaking open of any street or other land for that purposes; (c) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samson on land which at commencement of this Act is lawfully occupied

(1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary the State Government may by notification in the official Gazette declare that the Authority shall be dissolved with effect from such date as may be specified in the notification and the Authority shall be deemed to be dissolved accordingly. (2) From the said date- (a) all properties, funds and dues which are vested in or realisable by the Authority shall vest in, or be realisable by the State Government; (b) all khasmahal lands placed at the disposal of the Authority shall revert to the State Government; (d) for the purposes of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the State Government.